HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 8767 of 2025 Court No. - 82 HON'BLE TEJ PRATAP TIWARI, J. Heard Sri Mahendra Kumar Yadav, learned counsel for the applicants and learned A.G.A. for the State and perused the material on record. The present application under Section 528 BNSS has been filed to quash the impugned charge sheet dated 02.07.2021 and cognizance/summoning order dated 14.12.2023 passed by Civil Judge (S.D.)/A.C.J.M, Kushinagar at Padrauna as well as entire proceedings of Case No. 25265 of 2023, (State Vs. Arjun Shahi and others) arising out of Case Crime No. 168 of 2021, under Sections 323, 504, 506, 308 of I.P.C., Police Station- Tarya Sujan, District- Kushinagar pending in the Court of Civil Judge (S.D.)/A.C.J.M, Kushinagar at Padrauna. Learned counsel for the applicants submits that applicants were not arrested during the course of investigation and the charge-sheet have been submitted against them. It is further submitted that the offence is punishable up to 7 years of imprisonment. During the course of arguments, learned counsel for the applicants submitted that he may be permitted to withdraw the application with liberty to file a regular bail application before the court of competent jurisdiction. In case bail application is filed by the learned counsel for the applicants, the same shall be decided in the light of the observations made in the Versus Counsel for Applicant(s) : Amarendra Mani, Mahendra Kumar Yadav Counsel for Opposite Party(s) : G.A. Arjun Shahi Alias Arjun Kishor Shahi And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) judgments rendered by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2022) 10 SCC 51, wherein the Supreme Court considering the category(A) as mentioned in the paragraph no. 2, bail applications of such accused against which charge-sheet has been submitted on appearance may be decided without the accused being taken in physical custody or by granting interim bail till the bail application is decided. It has been observed that at the cost of repetition, we wish to state that, in category A, one would except a better exercise of discretion on the part of the court in favour of the accused. The application stands disposed of with the aforesaid liberty. October 9, 2025 PS NA528 No. 8767 of 2025 2 (Tej Pratap Tiwari,J.) Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad